CAFC Sustains CVD Investigation on Canadian Wind Towers

The U.S. Court of Appeals for the Federal Circuit on June 21 sustained the Commerce Department's final affirmative determination in a countervailing duty investigation on utility scale wind towers from Canada, in which respondent Marmen Energy received a 1.18% CVD rate. Judges Alan Lourie, Sharon Prost and Jimmie Reyna said that because errors were identified in Marmen's year-end exchange rate adjustment to the sales denominator, Commerce appropriately refused to use Marmen's adjustment. The court also held that Commerce adequately countervailed three different subsidy programs.